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Holistic approach to environmental issues

Siting, permitting and operating industrial, manufacturing, service, public, and research and development facilities

Purchase of and lending for industrial properties

Environmental insurance coverage litigation

Compliance advice

Enforcement defense

Guiding you through site selection and evaluation

Property buyers and lenders can significantly reduce future business risks and costs by being smart when they select and evaluate real estate. A Transaction Screen or Phase I Environmental Site Assessment of the site and adjoining areas is a must to minimize potential environmental liability for prospective purchasers and lenders.

In addition to the environmental assessment, a wetlands delineation of the purchased property is mandatory if federal permits are needed for dredging and filling wetlands. Also, endangered species and historic preservation issues, often regulated by the federal government, may need to be addressed.

Managing property remediation challenges

Companies, government agencies, lenders and others often face complex challenges when dealing with sites where petroleum products or other hazardous materials, such as solvents, may be present. Our lawyers are adept at advising our clients through the process of assessing the site, evaluating remedial options, negotiating with government agencies and third parties, and marketing the property.

Navigating complex regulations and litigation

There are a variety of regulatory issues that property owners, facility operators or lenders may face when using a site for certain uses. Nexsen Pruet’s environmental law attorneys have the skills and experience to successfully guide you through these matters. Nexsen Pruet represents clients in litigation involving environmental insurance coverage. These include companies attempting to invoke coverage, as well as insurers who have denied coverage. Several of our attorneys have extensive experience with all aspects of environmental insurance issues.

We handle matters related to:

COASTAL AND WETLAND PERMITTING

State and Federal permits for construction impacting tidal waters must be obtained for projects including docks, piers, marinas, impoundments, dredging, and erosion control. In addition, state certifications, including coastal zone consistency certifications and 401 water quality certifications must be obtained prior to issuance of any federal permits.

AIR PERMITTING

Almost any manufacturing facility is likely to result in air emissions that required permits. These would include activities such as the installation of boilers emitting particulates and steam, dust collectors controlling particulates, or process equipment emitting volatile organic compounds.

Unless otherwise exempt, a construction permit is required prior to starting any site activities. Certain facilities may also be subject to the federal/state Title V operating permit program.

WATER PERMITTING

New industrial or publicly owned facilities will require permits, before construction, for wastewater treatment and pretreatment facilities for process and sanitary wastewater. Also, a federal/state permit is required for a direct discharge into a waterway or an industrial user permit for a discharge to a publicly owned treatment system. A state permit is required for construction and operation of animal feeding operations.

Stormwater discharge permits are required for construction activities that involve disturbances greater than two acres, including buildings associated with animal feeding operations. A stormwater discharge permit may also be required for ongoing industrial activities.

SOLID AND HAZARDOUS WASTE

All industrial solid waste must be characterized to determine proper management requirements. Government regulations strictly control the transportation, treatment, storage, and disposal of hazardous wastes. Land disposal facilities for non-hazardous waste, including industrial sludge, are also regulated. Solid waste management facilities, such as compactors, transfer stations, recycling or recovered materials processing facilities, may also require permits.

DRINKING WATER

On-site drinking water systems for employees may require pre-construction permits and operating permits. Your drinking water system may also have additional regulatory requirements.

OTHER PERMITS

Underground storage tanks (for petroleum and hazardous substances) are regulated, and financial responsibility requirements apply to petroleum USTs. Government regulations require periodic filing of inventory reports and emission reports for certain chemicals. These requirements may vary considerably depending on the activity at the site.

Your eBriefcase

Welcome to the eBriefcase Management Center. This function allows you to compile selected pages to your personalized eBriefcase, where you may add to, delete or drag to reorder items. Once assembled, you can create a PDF of your eBriefcase. Click on the eBriefcase link at the top right of the page to open your collection of pages.

Contact us

Disclaimer

Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

This website is for informational purposes only. A result achieved on behalf of one client does not necessarily indicate similar results can be obtained for other clients. Nexsen Pruet, LLC has designated James G. Long, IIIGeneral Counsel, to accept responsibility for this site. He may be contacted at 803.771.8900 or at jlong(AT)nexsenpruet(DOT)com.

Your eBriefcase

Welcome to the eBriefcase Management Center. This function allows you to compile selected pages to your personalized eBriefcase, where you may add to, delete or drag to reorder items. Once assembled, you can create a PDF of your eBriefcase. Click on the eBriefcase link at the top right of the page to open your collection of pages.